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  • thepaew
    12-13 04:49 PM
    Last I checked, the US was a sovereign country and is not under the jurisdiction of any international court. It is not even a member of the ICJ and this issue is not covered under WTO. Good Luck. :-)

    Yes, we should explore this more

    1) Whether we can really challenge this into US SC within US Constitutional
    framework?

    2) Whether we can really challenge this into International Courts?





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  • royus77
    06-28 05:14 PM
    right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.

    There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.


    Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...





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  • eb3India
    11-11 09:10 PM
    I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.

    At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.

    This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .

    simple question, given an opportunity, where someone offer you sub labour with PD prior to 2001 does any one here reject the offer, this is a classic story of "ship of crabs from ...."

    we have much bigger fish to fry than worry about few smart crabs getting out of ship.

    sub labour is not illegal nor it is a loop hole, itz a simple deal between employer and employee for their own benifit.

    letz focus our effort on making new congresss and senate understand our situation and provide some relife thru bills such as SKILL.





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  • rahulpaper
    06-27 09:26 PM
    Based on this, I have again (yes, again) emailed by immigration lawyer and sent him the AILA's URL (although I cant see it coz I am not member of AILA).

    IF AILA reports that they stopped accepting new 485 petitions for EB3-other, then it is pretty freaking scary and that means that what my lawyer told me "I cant happen, bla bla bla..." is really not 100% accurate. If it happened in June, it can happen in July. This is now REALLLLY SCARY, coz my lawyer has plans for July-end for filing.

    Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

    It is indeed scary...I guess rumors can come to haunt us...I know that mine is not going in before mid july...we are seeing that is visible but doesnt exist...May be august bulletin (like predicted by USCIS) will still be "C"....GOOD LUCK to all. Irony of life is...all my life i gave exams in an effort to not get a "C"....and now all i pray for is just another "C"...



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  • AirWaterandGC
    05-10 07:13 AM
    Does anyone have a comment on this ?

    I do have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Gurus , please shed some light.

    On another note : I would request no one to make offensive remarks about a great country like Canada. It may not have as many opportunities as US has or be a lot more restricitve in providing licensure to some professionals, but please bear in mind that it has provided respect to some of us by making some of us it PR .... which the great US is still to bestow on us. Even when we have not contributed a single cent to CA or its economy while we have earned/contributed millions to the US / its economy.





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  • nixstor
    09-23 02:17 PM
    Please keep sending those emails. IV is nothing but I + WE

    Those of you who have homes and think this is unfair to you, I can understand your vantage point of being excluded. But there is a clear indirect consequence of such a legislation. I would say, Who ever bought the home bought the home with an intention of making US their permanent home. Some one else would say, I know guys who bought 2 homes. Its all greed and nothing else. So lets not go there.

    None of them knew that FNM & FRE will be gobbled up by Fed, Lehman will go under after 158 years, AIG will be owned 80% by the gov and ML would be sucked up for peanuts. If they had a slightest inkling they would not have bought a home.

    The problem is we have a glut of homes on the market. There are a bunch of people who can invest but do not want to because of the uncertainty they are facing. No doubt every one has uncertainty. Imagine a law maker's perspective (not mine or IV's) on exempting some one from the numerical limits, if he/she does not help reduce the number of houses by 1. All that matters at the negotiating table is whether this helps the housing markets or not.

    As some one said, this is not the senate/house floor. If such legislation were to be enacted congress will design a lot of preconditions to be met. (legal and financial) We cannot dilute the message to start with. There was a good amount of discussion about this "already own a home" issue before the whole thing appeared on the website. Its in our best interest we start from here.

    Its easy to sit down here and write what is fair and what is unfair. What really matters in the end is whether we can sell our pitch and make it palatable to lawmakers. Please stop enumerating all the unfair events in the EB immigration process. It just does not get any where.

    If you don't like the idea thats fine. But please refrain from posting nasty and dirty comments on my profile. Not that I care about reputation, The usage of such words is totally unasked for.



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  • _TrueFacts
    09-05 03:16 AM
    OK breddy I searched in youtube. I see chandu is from vijayawada. Now I know why he is talking crap on YS Rajashekar Reddy.

    (BTW, I don't believe in castism, I don't have any caste)

    None of you have single point against the fact that YSR was a “gunda, a land grabber, political killer who amassed huge amounts of illegal wealth and land, never ever seen in the history of AP?” and still you don’t want to accept that he was a gunda.

    Shame on you educated idiots, get a life. Every one here has seen chanduv23's postings and how balanced his views are, except you fanatic followers of YSR. Every one here agrees to fact that YSR is a gunda, except you guys.

    Look at this links and people comments: More ‘eulogy’ on YSR � Janamejayan’s Weblog (http://janamejayan.wordpress.com/2009/09/03/more-eulogy-on-ysr/)

    Finally god saved the AP. He made lot of money by corruption. He never bothered about AP future. He concentrated only to keep power in hand and destroy the opposition parties (mainly TDP, PRP, TRS, CPI/CPM).





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  • cdeneo
    09-20 12:52 PM
    Thanks for vounterring your time and helping the immigrant community out -

    My question -
    EB3-India
    PD: Dec 2004
    I-140 approved.
    I-485 applied: July 2007
    EAD and AP approved

    I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.

    1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.

    2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.

    I would really appreciate your input. Thanks!



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  • _TrueFacts
    09-08 10:34 PM
    Never ending tales of a factionist CM in a democracy: Anti-media Government Order.

    The Hindu : Front Page : Anti-media Government Order cleared by Chief Minister (http://www.thehindu.com/2007/05/29/stories/2007052910080100.htm)





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  • chanduv23
    02-13 12:01 PM
    Chanduv,

    I know in the past many times it was debated -- why people do not support? Let me put forth what I feel.

    Effort put by IV is very commendable. But the beneficiary of IV work (mostly) do not give importance to Green Card. That is what I think based on talking to multiple people and that is what we see from the % participation of people for various fruitful effort put forth by IV. Most of them say they do not care if they get GC or not. In their heart of heart they may but not too much.

    Other reason I can think of is -- There could be doubt in minds of many people of IV strength. The day IV gets some success, people will rally behind IV for a while. And that is the scenario outside world too. See the stock price. If the company is doing good, stock price goes up. The day one bad news comes, stocks falls down. Take the presidential election. You can very well make out that contribution by company or people is proportional to candidate wins. If you are loosing, contribution will dry out very fast. I am not saying that candidate will not have supporter but that would be less in number. Take N.T. Rama Rao case. The day Naidu ditched him and others followed him, no officials gave importance to NTR.

    Believe me, in my office or outside, I have talked to every Indian. And not one comes back n discusses with me about IV.

    I strongly feel IV is doing a commendable job with some dedicated contributors.

    Thanks for all your wonderful help to the community - people like you inspire others.

    Please do not misunderstand my response to your earlier post, I was in no way pointing fingers at you but was trying to clear common misconception that IV must not be looked at like a software company doing good or bad at shares.

    Once again, I respect people's space - it will be great if all of us come together and make this a success



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  • ramus
    07-04 10:57 AM
    I noticed that too but I thought may be they just putting rough nuumber and not exact..
    But you are right there were 3,185 highest ever..


    The following from IV's press release is incorrect. The max # is 3,185

    The group's website has reported a record hit of 2,500 concurrent users since this morning.





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  • eeezzz
    07-30 11:26 AM
    this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
    Several things to consider.
    1. Is it really 20k left for this year.
    2. Are there more EB2 RoW applicants filed I-485 for the last few months.
    3. You have number from India CP, do you have number from China CP.



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  • netnerd
    10-03 10:41 AM
    Dear Friends,

    As of current law, having Master's is NOT exempt from the cap regardless of being EB2 or EB3. While IV is trying hard to get this included in a future bill, this is not the case as of now.

    Hope this helps.

    Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
    Thank you for your help.





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  • whitecollarslave
    02-12 01:11 PM
    http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html

    Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.

    How can we find out if EB provisions are there?



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  • vgayalu
    01-28 09:02 AM
    This thead is not useful for people like us please close it.

    And I beg not to create any more threads which unpopulars us.
    we are not supportng those kind of illegal business. we are against to those things.





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  • gonecrazyonh4
    11-11 01:50 PM
    While Pre-approved labor is ok, the priority date of the original applicant should NOT transfer over to the beneficiary of the substituted labor. The injustice is there.
    yes, I agree, but that is what is happening.With a subsitute labor you get to keep the old PD.



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  • Eternal_Hope
    02-15 11:56 AM
    If you google retrogression, IV doesn't show up until page 2.
    Is there anyway we can change this? So that IV is the first link that shows up? Anyway know about this.


    Type "retrogression" in Google search bar - when the results page shows up, look at the right hand side, there under the Sponsored Links you will see IV advertisement and link.

    Looks pretty cool. GO IV!





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  • hydboy77
    06-01 12:28 PM
    You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.

    If we cannot get visa recapture, if we cannot get removal of country quota atleast we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job proof if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india (eb2 priority date after Mid 2003), in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears.

    So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
    Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.

    It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?





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  • ramus
    07-03 11:01 PM
    http://www.nytimes.com/2007/07/04/us/04visas.html





    syzygy
    09-23 02:28 AM
    I have sent close to 10 emails putting subject

    "Proposal to alleviate current US economic crisis"

    I hope I am doing right..





    sertasheep
    07-04 11:25 AM
    Guys,

    I just took a snapshot. Thanks for bringing this to our attention!. You guys are great.. Thank you for all the help.

    I noticed that too but I thought may be they just putting rough nuumber and not exact..
    But you are right there were 3,185 highest ever..